Solving land overlap of Gia Loc Industrial Park Project

Overlapping over 13,000 m2

The Industrial Waste Treatment Plant Project of An Sinh Environmental Technology Joint Stock Company (abbreviated as An Sinh Company) was approved by the People's Committee of Hai Duong province for investment with an area of ​​25,046 m2, a processing scale of 15,000 tons/year, including 9,000 tons of solid waste, 6,000 tons of liquid waste. The project's operating period is 30 years, starting from February 3, 2010.
After the Provincial People's Committee approved the project, the investor implemented the project. On October 12, 2010, the Gia Loc District People's Committee approved the detailed construction plan of the project. On October 18, 2010, the Provincial People's Committee granted a certificate of land use rights, house ownership rights and other assets attached to the land on an area of ​​11,955 m2. On October 25, 2010, the Department of Construction granted 6 construction permits including the following works: office combined with rest area; 3 workshops; bicycle and motorbike parking lots and other auxiliary works. The project was also granted a certificate of fire prevention and fighting by the Hai Duong Provincial Police, and the Ministry of Natural Resources and Environment approved the environmental impact assessment report. The project was completed and put into operation in the fourth quarter of 2013.
According to the investor's report, the remaining 13,091 m2 is located in the Gia Loc Industrial Park planning area. Although the land has not been handed over, the investor has negotiated with the people and compensated for site clearance of 10,022 m2. During the implementation of the Gia Loc Industrial Park project, the enterprise was not notified or consulted by the competent authority. The company learned about the overlap through information from the households that the company had compensated for site clearance to implement the project. The company proposed to maintain the approved area and planning of the Industrial Waste Treatment Plant Project, and requested the locality to facilitate connection with the Gia Loc Industrial Park investor so that the enterprise can negotiate and agree on compensation for site clearance of the remaining 3,069 m2.

Hold nGia Loc Industrial Park Planning
Pursuant to Decision No. 409/QD-TTg dated March 22, 2021 of the Prime Minister on the investment policy for the project to build and operate infrastructure of Gia Loc Industrial Park, on March 31, 2021, the Provincial People's Committee issued Decision No. 997/QD-UBND to establish Gia Loc Industrial Park with an area of ​​197.94 hectares (including the old Hoang Dieu Industrial Cluster). The total investment capital is over VND 2,062 billion, with an operating period of 50 years from the date of the investment policy decision. The project is invested by Nam Quang Infrastructure Investment and Development Joint Stock Company.
After An Sinh Company commented on the land area overlapping with Gia Loc Industrial Park, the provincial authorities actively intervened to resolve the issue. Accordingly, the Industrial Waste Treatment Plant is operating with a capacity of about 10,000 tons/year, including 6,000 tons of hazardous waste and 4,000 tons of normal waste, which is not in accordance with the approved project objectives. The land area of ​​13,091 m2 is not included in the land use planning and land use plan of Gia Loc district. The company's self-negotiation of compensation with households without permission from the Provincial People's Committee to receive the transfer of agricultural land use rights is not in accordance with regulations. The project is behind schedule, but since 2013, the investor has not carried out the project adjustment procedures according to regulations.
13,091 m2 of uncleared land of the Industrial Waste Treatment Plant Project located within the planned boundary of the industrial park is isolated green land, in accordance with the approved construction planning of Gia Loc district. During the project implementation, Gia Loc District People's Committee coordinated to collect opinions from relevant organizations, individuals and communities, including An Sinh Company. Therefore, the company's request for permission to continue using the area of ​​13,091 m2 to implement the Industrial Waste Treatment Plant Project is not feasible.
Mr. Le Dinh Dung, Head of the Department of Natural Resources and Environment of Gia Loc district, said that the Prime Minister's approval is the highest legal basis for implementing the Gia Loc industrial park project. In addition, An Sinh Company has not complied with legal regulations on implementing the Industrial Waste Treatment Plant Project, so there is no basis to implement the recommendation. Currently, the Gia Loc District People's Committee has completed the site clearance for the Gia Loc industrial park.
The representative of Hoang Dieu Commune People's Committee also said that immediately after the provincial People's Committee's planning for Gia Loc Industrial Park was issued, the commune posted it at the commune People's Committee headquarters to collect opinions from businesses and people according to regulations and An Sinh Company had no comments. For these reasons, the functional departments have requested the provincial People's Committee to maintain the Gia Loc Industrial Park planning and requested An Sinh Company to prepare a dossier to adjust the Industrial Waste Treatment Plant Project based on the area that has been granted a land use right certificate by the provincial People's Committee of 11,955 m2.